VIC How to handle smacking

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GlassHalfFull

Well-Known Member
28 August 2018
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2,289
OK, so I understand that in Victoria, smacking (as long as it doesn't result in serious harm) isn't actually illegal, but I wondered how family law views it.

Long story short, my 4 year old daughter (who is quite a 'sensitive soul' recently told me that her mum smacks her and it hurts and makes her cry. She also yells and screams at her and her 2 year old sister. The mother has a long history of being violent (with me) when angry, and loses her temper fairly easily, so I'm not entirely surprised to hear this.

The mother and I don't have a good relationship (she's taken out a bogus IVO against me which has now expired, made other very serious accusations against me that were false etc) and although we have interim court orders that specify we are to communicate with each other about parenting matters by email, it's fairly strained and guarded communication. We're in the Family Court trial pool at the moment, so won't have any court hearings for a while (6-12 months minimum? who knows?).

I sent the mother an email advising her of what my daughter has been telling me in detail, and asked her to respond. When she did respond, it was again very guarded and didn't admit to having done anything wrong (yelling, upsetting and smacking etc), and simply stated that my daughter had nothing to fear from her and that she confirmed she disagreed with physical punishment of children. Which is all well and good, but ignores the elephant in the room - my daughter has effectively come to me upset that she has done it. I don't think she's trying to play her parents off against each other, she's a bit young for that and it isn't really in her nature.

So my question is, how would you handle this, given it's not strictly illegal but would probably be considered less-than-ideal parenting in the 21st century, and from what I understand, child protection isn't going to get involved when it's just 'regular smacking' and parents getting angry and frustrated and making their kids cry. It seems that it falls outside of what is considered actual abuse, but is serious enough for the mental wellbeing of children that it shouldn't be swept under the carpet and ignored. Is this the sort of thing that family court would actually care about though? Should I try to push the issue further with my ex, or just stay silent and save it for an affidavit?

And Sammy, I can already hear your advice from here. "Have a cuppa, don't worry about what the ex is up to, and just try to be the best parent you can."...? ;)
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
have nice cold beer... Beer is great. I'd love to catch up and have a few of them some time... Man your story sounds similar to mine.
Look mate. You've done the best you can. Thrown yourself under the bus to protect the kid. No doubt mum will be pissed off that you emailed her (GOOD) and your concerns are in writing (GOOD) And hopefully it will give mum reason to think twice before smacking again. (GREAT)

You have also acted like an adult. Calmly expressed concerns raised...

Mate I would'nt make a big deal (sadly). And more importantly, you are making sure those kids have one parent they know will be there for them. Very sadly, when this s**t happens it is immensly important that the kids know they have one rock that is there for them... No go have another quiet beverage of your own choosing...
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
So my question is, how would you handle this, given it's not strictly illegal but would probably be considered less-than-ideal parenting in the 21st century
The real question is what do you want to achieve? ..... I doubt the family court would make anything of it unless it's satisfied that it meets the definition of abuse under the act... Which it doesn't on your account of it... End of the day, you have a line put in your consent order about both agreeing to not use physical punishment if you wish, impossible to police or enforce anyway TBH... Mum is already on notice now that you have raised it.. Nothing to be gained by taking it any further in the court system IMO ..